ZIIGIE GOODS AND SERVICES – Terms of Sale

This page sets out the terms for the sale of Goods by Ziigie to you.

CONTRACTAND INFORMATION ON THE ORDERING PROCESS

1.1. The parties to this contract: These Terms of Sale (“Terms of Sale”) are an agreement between you, the customer (referred to herein as “you” or “your”) and Extol Publications (Pty) Ltd, trading as Ziigie (referred to herein as “Ziigie”, “we”, “us” or “our”). We are a company registered in Botswana (company registration number CO. 2007/3490) with our registered office at Plot 15742, Ncojane Street, Braodhurst, Gaborone, Botswana.

1.2. These Terms of Sale apply: By placing an order with us, you agree to be bound by these Terms of Sale and our Returns Policy.

1.3. Your offer: Your purchase from Ziigie for Products and/or Services sold by its Sellers (the “Goods”) is an offer to buy those Goods. After you click “Complete Order” to make a purchase, the transaction will be made with the Seller. Ziigie will be involved in the last mile logistics arrangements on behalf of the Seller to pack and deliver the product to you, but the transaction is between You and the Seller, with Ziigie as a Distributor for the Seller.

1.4. A copy of these Terms of Sale: We keep a copy of the contract between us (these Terms of Sale) – and we advise you to print out these Terms of Sale as a record.

1.5. Your legal rights: As a consumer, nothing in these Terms of Sale affects your legal rights related to faulty or incorrectly described goods or your ability to cancel the contract.

1.6. We may cancel: We may have to cancel an order before the Goods are delivered due to an event outside our reasonable control, including due to equipment breakdown or transportation difficulties. We will promptly contact you if this happens.

1.7. Updates to these Terms of Sale: These Terms of Sale were most recently updated on August 29th 2017. We reserve the right to amend these Terms of Sale at any time (which we will post online). Any amendments to these Terms of Sale made after you have submitted your order will not apply to you in respect of that order.

PRICING AND PURCHASE

2.1. Placing your order: After you place an order by making a purchase on Ziigie for the Goods and agreeing to these Terms of Sale, the contract is complete after you receive an email confirming our acceptance of your order. However, we reserve the right to reject your offer and not conclude a contract with you. If we have accepted your order and your payment has been received, you will receive another email or a call confirming dispatch of the Goods. Please note that, if we reasonably believe your order is fraudulent or you have otherwise violated applicable law when ordering, even if we have accepted your order, we reserve the right to cancel it.

DELIVERY OF GOODS

3.1. Changing your order: Once you have placed your order, we are unable to make any changes to your order, including the quantity of Goods ordered or the delivery address. This Clause does not impact your legal rights to cancel or any rights to return you may have for the particular purchase.

3.2. Shipping: Ziigie shipping options will vary by offer and will be detailed at the Checkout phase when completing your purchase.

3.3. Delivery estimates: Delivery estimates are provided with the shipping options. We will do all that we can to meet the date given for delivery. Please note that unless otherwise stated, delivery estimates are only estimates; they are not guaranteed delivery times and should not be relied upon as such.

3.4. Title: Legal title to the Goods will transfer to you (i.e. the Goods will become your personal property) when the Goods are delivered to the delivery address you provided to us.

GOODS INFORMATION

4.1. We aren’t the manufacturer: We are not the manufacturer of the Goods we sell. While we work to ensure that the Goods match the description we have provided, are of satisfactory quality and are fit for use, the Goods may vary slightly from such product information. We encourage you to read all information presented on the Product Description, the Voucher, labels, warnings and directions which accompany the Goods before use. Any guarantee provided by the Seller, the manufacturer or importer does not affect the legal rights and claims that you may apply under the contract.

4.2. Accuracy of descriptions: We have taken reasonable steps to display as accurately as possible the colours and other detailing of the Goods. However, the colours and detailing you see on the advertisement will depend on the equipment you use to view the Goods. We cannot guarantee that the display of any colour or other detailing on your television, mobile device, computer monitor or other device will exactly reflect the colour or detailing of the Goods upon delivery.

4.3. Healthcare Goods and safety: For healthcare Goods, in the event of any safety concerns or for any other information about a product, we recommend you carefully read the information provided with the product or contact the manufacturer. Content on the website is not intended to substitute for advice given by a medical practitioner, pharmacist or other licensed healthcare professional. Customers should contact their healthcare provider immediately if they suspect that they have a medical problem. Information and statements about Goods are not intended to be used to diagnose, treat, cure or prevent any disease or health condition. We accept no liability for inaccuracies or misstatements about Goods by manufacturers or other third parties.

LIABILITY

5.1. The standards we operate under: We always try our best at what we do and promise that:
(a) we will exercise reasonable care and skill in performing any obligation under these Terms of Sale;
(b) we have the right to sell Goods;
(c) we only sell the Goods for domestic and private use;
(d) we will not contravene the requirements of professional diligence in what we do.

5.2. This Clause 5 takes precedence over all other Clauses (except for Clause 1.5) and sets forth our entire Liability.

5.3. What we are responsible for: Nothing in these Terms of Sale shall exclude or limit our Liability for any Liability for (i) fraud; (ii) serious misconduct by us, excluding serious misconduct not conducted by us; or (iii) any Liability which cannot be excluded or limited by applicable law. You are obliged to take adequate measures to avert and reduce damages.

5.4. Categories of loss that we are not responsible for : Notwithstanding Clause 5.3, since we only sell Goods on behalf of third part Sellers for domestic and private use, we are in principle not liable for:
(a) loss of revenue or income;
(b) loss of actual or anticipated profits;
(c) loss of business; and
(d) indirect or consequential loss (and for the avoidance of doubt, we understand the words “consequential loss” to mean “consequential losses whether those losses are foreseeable, known, foreseen or otherwise”).

5.5. “Liability” means liability in or for any cause of action whatsoever (including breach of contract, tort, misrepresentation, restitution or any other cause of action whatsoever) relating to or arising under or in connection with these Terms of Sale (including liability expressly provided for under these Terms of Sale or arising by reason of the invalidity or unenforceability of any term of these Terms of Sale).

GENERAL

6.1. Interpretation: In these Terms of Sale:
(a) words denoting persons include natural persons, partnerships, limited liability partnerships, bodies corporate and unincorporated associations of persons;
(b) Clause headings such as (“6. GENERAL” at the start of this Clause) and Clause titles (such as “Interpretation:” at the start of this Clause 6.1) are purely for ease of reference and do not form part of or affect the interpretation of these Terms of Sale; and
(c) references to “include” and “including” shall be deemed to mean respectively “include(s) without limitation” and “including without limitation”.

6.2. No partnership/agency: Nothing in these Terms of Sale shall be construed to create a joint venture, partnership or agency relationship between you and us and neither party shall have the right or authority to incur any liability, debt or cost, or enter into any contracts or other arrangements in the name of or on behalf of the other.

6.3. Assignment: You may not assign or delegate or otherwise transfer all or any of your rights or obligations under these Terms of Sale without our prior written approval. We will not refuse this approval without good reason. We shall have the right to assign or otherwise delegate all or any of our rights or obligations under these Terms of Sale to any person.

6.4. Events beyond our reasonable control: We shall not be liable for any breach of our obligations under this Agreement where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control. Where there has been an event outside our reasonable control which has affected our ability to perform our obligations under these Terms of Sale, our obligations will be extended for the duration of the event and we will notify you of this as soon as reasonably possible. Once the event is completed we will arrange with you a new delivery date for your Goods, if possible.

6.5. Our reliance: We intend to rely upon only the written terms set out in these Terms of Sale in respect of the Sale of Goods to you and not any representations made elsewhere.

6.6. No waiver: No waiver by us of any breach of yours under these Terms of Sale shall operate or be construed as a waiver by us of any future breaches, whether of a like or different character. No delay by us in taking action in the event of your breach shall in any way release, discharge or otherwise affect your liability under these Terms of Sale.

6.7. Notices: Unless otherwise stated within these Terms of Sale, notices to be given to either party shall be in writing and shall be delivered by hand, electronic mail (other than, if you are sending a notice to us for the purpose of legal process) or by pre-paid post, to you at the address you supplied to us or to us at our registered office.

6.8. No third party rights: All provisions of these Terms of Sale apply equally to and are for the benefit of Ziigie, its subsidiaries, any holding companies of Ziigie, its (or their) affiliates and its (or their) third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf (save that these Terms of Sale may be varied or rescinded without the consent of those parties). Subject to the previous sentence, no term of these Terms of Sale is otherwise enforceable by any person who is not a party to it.

6.9. Survival: In any event, the provisions of Clauses 1, 2, 4, 5 and 6 of these Terms of Sale, together with those provisions that either are expressed to survive its expiry or termination or from their nature or context it is contemplated that they are to survive such termination, shall survive termination of the Agreement.

6.10. Severability: If any provision of these Terms of Sale is held to be unlawful, invalid or unenforceable, that provision shall be removed from the Terms of Sale without affecting the rest of the Terms of Sale. Where capable, the validity and enforceability of the remaining provisions of these Terms of Sale shall not be affected.

6.11. Governing law and dispute resolution: We will do our best to resolve any disputes about these Terms of Sale. If you wish to bring a legal claim against us, these Terms of Sale (and all non-contractual relationships between you and us) shall be governed by and construed in accordance with Botswana law and both parties hereby submit to the exclusive jurisdiction of the competent courts of Botswana. The parties also agree that the United Nations Convention for the International Sale of Goods does not apply to this transaction.